Terms of Use

The terms and conditions of use set forth herein apply to the Internet Website located at http://easymedicarechoices.com (the "Website") which is owned, operated, licensed, or controlled by Retiree Health Choices, Inc. ("RHC").

PLEASE READ THIS AGREEMENT ("AGREEMENT" OR "TERMS OF USE") CAREFULLY PRIOR TO USING THE WEB SITE. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE.

Acceptance. By using the Website or registering with the Website, you, the Website user ("User"), agree to be bound by the agreement formed by these terms and conditions of use (this "Agreement"). RHC reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice which may be an email or alert posted on the website. Please check this Agreement periodically for changes. Continued use of the Website following notice of changes to this Agreement will mean User has read and accepts such changes.

Legal Jurisdiction Only. The insurance services and products described on this Web Site are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing on this Web Site shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

License & Access. RHC provides licensed Users with access to a web-based computer service for answering questions about factors affecting health care benefits and choosing health care benefit plans (the "Service"). Provided that User is in compliance with this Agreement, RHC grants User a limited, revocable license to access and make personal use of the Website and the Service and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RHC. This license does not include any resale or commercial use of the Service, this Website or its contents; any derivative use of the Service, this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. User shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RHC or our affiliates without express written consent. User shall not use any meta tags or any other "hidden text" utilizing RHC,s name or trademarks without the express written consent of RHC. Any unauthorized use terminates the permission or license granted by RHC. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RHC so long as the link does not portray RHC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. User shall not use any RHC logo or other proprietary graphic or trademark as part of the link without express written permission.

(a) Accounts. Users may browse the Website without registering.
(b) Website Content. In this Agreement, "Website Content, shall include all content, music, audio, video, audio-visual, text, graphics, artwork, images, photographs, animations, data, information, software, designs and other materials and legally protectable elements of the Website and the Service, tangible or intangible, including, without limitation, the selection, sequence, "look and feel" and arrangement of items, as well as all copyrights, trademarks, service marks, brand and trade names which User may encounter or use individually and/or collectively.
(c) Access. The words "use" or "using" or "consumer" or "consuming" in this Agreement, mean any time any individual, including User, directly or indirectly, with or without the aid of a machine, automated or other device, does, or attempts to, access, interact with, use, display, view, print or copy or use any portion, feature, function or aspect of the Website, transmit, receive or exchange data or communicate with the Website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website, for any purpose whatsoever. This Agreement does not cover User's rights or responsibilities with respect to third party content or Websites or any links that may direct User's browser or connection to third party sites or pages.
(d) System Requirements. Use of the Service, requires Internet access (fees may apply), and software (fees may apply), and may require obtaining updates or upgrades from time to time. Therefore, User's ability to use the Service may be affected by these factors. User acknowledges and agrees that such system requirements are exclusively User's responsibility. The Service is not part of any other offering, and no purchase or the obtaining of any other account shall be construed to represent or guarantee you access to the Service. User acknowledges that use of the Website and Service may require the use of other hardware and software products and that such hardware and software is User's responsibility. RHC shall not be liable to User in the event of any loss, destruction, or damage. User agrees to hold RHC harmless from and against any losses User may incur due to poor quality or non-transmission. In the event of poor quality or non-transmission, User's exclusive remedy is to discontinue use of the Service.

Rerstrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by RHC. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of RHC.

(a) General Restrictions. Users shall not commit any of the following acts through their use of this Website:

infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violate any law or contractual duty;

transmit any content that is invasive of another,s privacy, hateful, threatening, or racially, ethnically or otherwise objectionable;

transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unrequested solicitation;

post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including "blind" or "hidden" referral links;

collect, store, use or disseminate personal data or information about other Users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses); or

impersonate any person or entity.

(b) Specific Restrictions. Users shall not commit any of the following acts through their use of the Service:

interfere or attempt to interfere with the normal functions of the Website and/or Service;

bypass or attempt to bypass any restrictions, limits or other measures used by Website to restrict access to Service;

impose or attempt to impose an unreasonably large load on Website;

utilize software or devices intended to "crawl" or "spider" any pages on the Website;

reverse engineer source code of Website;

modify or create derivative works of Website and/or Service; or

copy, rent, lease, distribute, or otherwise transfer any of the rights you receive
hereunder.

(c) Personal Use Only. The Website is for the use of consumers who are researching and shopping for insurance products. You are not permitted to use the Website or its contents for any commercial or non-personal purpose (direct or indirect). RHC reserves the right to prevent any party who engages in such non-permitted use(s) from accessing the Website.

Violations. In addition to any and all remedies at law or in equity, any intentional violation of the Terms shall give RHC the right to immediately suspend or cancel Services or Accounts without further liability. Furthermore, User specifically agrees that any intentional violation shall result in immediate liability for liquidated damages in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) for breach of contract, in addition to any other remedies available to RHC at law or in equity.

Privacy. It is the policy of RHC to respect the privacy of all Website users. Therefore, in addition to the privacy of registration data, RHC shall not monitor, edit, or disclose the contents of a User's e-mail and other information unless required in the course of normal maintenance and operation of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on RHC; (2) protect and defend the rights or property of RHC; or (3) act in an emergency to protect the personal safety of our users or the public. Users shall remain solely responsible for the content of their messages. RHC's Privacy Statement can be found here.

Indeminity. User shall indemnify, defend and hold RHC harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys' fees arising from or related in any way to: a) any claim which, if proved, would breach any warranty, representation of User; b) User's breach of any term or condition of this Agreement, and c) any and all Third Party Claims arising out of any content submitted by User or transmitted through this Website by User.

Termination. This Agreement is effective as of the first date materials from the Website are accessed by User (the "Effective Date") and shall continue in effect until terminated by either party. User may cease using the Website at any time provided, however, all restrictions on use of Content, including music files downloaded from the Website, shall survive any termination. RHC may immediately terminate a User's Account or access to the Website if, in RHC's sole discretion, User fails to comply with any term or provision of this Agreement. Upon termination of this Agreement for User's violation of any term or condition of this Agreement, User's access and Account shall be terminated and User shall destroy all materials obtained from the Website and all copies thereof, whether made under the terms of this Agreement or otherwise. RHC may, at its sole discretion, and at any time, discontinue providing the Website, or any part thereof, with or without notice. User agrees that any termination of its access to the Website under any provision of this Agreement may be effected without prior notice. Further, User agrees that RHC shall not be liable to User or to any third party for any termination of User's access to this Website.

Jurisdiction. Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting Website Content and other products available in the United States, its territories, possessions, and protectorates. The Website is controlled and operated by RHC from its offices within the State of Illinois, United States of America. RHC makes no representation that materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer. THE SERVICE, WEBSITE CONTENT, AND MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RHC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

RHC DOES NOT WARRANT THAT THE SERVICE, CONTENT OR OTHER FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, CONTENT OR THIS WEBSITE OR ANY OTHER RHC WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RHC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

RHC IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PUBLISHED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE, INCLUDING CONTENT PUBLISHED BY USERS OF THE WEBSITE OR THE SERVICE. CONTENT TYPES (INCLUDING GENRES, BIOGRAPHY AND THE LIKE) AND DESCRIPTIONS ARE PROVIDED FOR CONVENIENCE, AND YOU ACKNOWLEDGE AND AGREE THAT RHC DOES NOT GUARANTEE THEIR ACCURACY. RHC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. RHC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE WEBSITE OR THE SERVICES. RHC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, OR THE FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, INCLUDING INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE OR THE SERVICE.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RHC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF RHC OR AN RHC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN NO EVENT SHALL RHC'S TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER TO RHC, IF ANY, FOR ACCESSING THIS WEBSITE.

Links to Outside Websites and Services. To the extent that this Website contains links to outside services and resources, RHC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

Existing Insurance Coverage. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.

Informational Purposes Only. This website and its contents are for informational purposes only. Nothing on the website should ever be used as a substitute for professional medical advice. You should always consult with your medical provider regarding diagnosis or treatment for a health condition, including decisions about the correct medication for your condition, as well as prior to undertaking any specific exercise or dietary routine.

Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. User agrees that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in the State of Illinois and User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Severability. If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement which shall remain in full force and affect.

Entire Agreement. This Agreement constitutes the entire agreement concerning the subject matter hereof and supersedes any previous written or oral agreement between the parties with respect to that subject matter.

Headings. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.

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